Justice-in-Chamber Sie-A-Nyene Yuoh has lifted the stay order placed on former NPA Managing Director Matilda Parker and her comptroller Christiana Paelay’s case, ordering the lower court to resume jurisdiction in said case.
On October 19, 2018, a Writ of Certiorari was filed by Cllr. Arthur Johnson asking the high court to overturn Judge Boima Kontoe’s ruling granting all prosecution witnesses’ testimonies in the new trial.
A writ of certiorari is an order a higher court issues to review the decision and proceedings of a lower court and determine whether there were any irregularities.
Following final arguments Tuesday, State lawyers pleaded with the court to mandate the lower court to resume jurisdiction over the case in keeping with law, but defense lawyer Cllr. Johnson interposed no objection to the prosecution’s request.
Because prosecution has agreed to proceed with the case de novo, and all of their witnesses would be brought to court to testify in the case.
Trial de novo means a new trial in the legal system.
The Chamber Justice instructed the lower court to start the case afresh, since state lawyers are ready to proceed with it.
Justice Yuoh on Friday, October 22, issued an Alternative Writ of Certiorari to end legal hearing into Madam Parker and her Comptroller’s criminal trial until said application can be disposed of consistent with law.
Justice Yuoh issued an Alternative Writ mandating government lawyers to file their returns before November 7 to the Court for legal arguments into the matter.
This is the second time the Justice-in-Chamber has requested the lower court to resume jurisdiction over the case.
It can be recalled that defendants Parker and Pealay were indicted by state prosecutors for economic sabotage, theft of property, criminal conspiracy and facilitation for allegedly awarding a contract worth over US$800,000 to dredge the Greenville Port in Sinoe County to a bogus company.
They went on trial in early 2016, but the case was adjourned when prosecutors alleged tampering with some of the jurors in the trial, after a letter was reported to have been intercepted by one of the court officers assigned with the jurors at the time of their sequestration.